HomeMy WebLinkAboutItem No. 03 - Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP3)Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP
Approve and authorize the City Manager to execute Amendment No. 1 to the Engagement
and Fee Agreement with Murphy & Evertz, LLP, to provide special counsel services to the
City in such final form as approved by the City Attorney.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:October 22, 2024
Subject:Amendment No. 1 to the Engagement and Fee Agreement with Murphy &
Evertz, LLP
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Engagement and
Fee Agreement with Murphy & Evertz, LLP, to provide special counsel services to the City in such
final form as approved by the City Attorney.
Background
The City entered into an Engagement and Fee Agreement dated February 27, 2024 with the law
firm of Murphy & Evertz, LLP to provide special counsel services in connection with the acquisition
of real properties identified by the City from time to time (the “Original Agreement”). By Resolution
No. 2024-37, dated July 9, 2024, the City Council authorized the City Attorney to retain Murphy &
Evertz LLP to represent the City in connection with the condemnation of certain easements
necessary for the Murietta Creek Trail project.
Discussion
Staff is requesting the City Council approve Amendment No. 1 to the Engagement and Fee
Agreement to authorize Murphy & Evertz LLP to continue to provide special counsel services as
requested by the City, which may include pre-condemnation planning, consultation and
condemnation litigation, including strategic and tactical advice, court appearances, discovery,
pleadings and other representation up to and including trial. Murphy & Evertz LLP has provided
excellent services to the City, and continuity is important to complete the actions necessary to
acquire the Murrieta Creek Trail easements and such other property interests as the City may
deem necessary in the future in connection with other projects.
Murphy & Everetz Amendment 1
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Fiscal Impact
Funds to pay for legal services in connection with the acquisition of the Murietta Creek Trail
Project Easements are available and will be paid from Active Transportation Program Grant funds.
Legal services for property acquisition related to other projects will be programed from such
project budgets or the City’s Operating Budget or CIP prior to the commencement of such legal
services.
Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Original Agreement
City Attorney’s Office
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AMENDMENT NO. 1
TO ENGAGEMENT FEE AGREEMENT
Murphy & Evertz
Special Legal Services
This Amendment No. 1 to Engagement and Fee Agreement is made and entered into as
of 10/22/2024, by and between the City of Lake Elsinore, a municipal corporation (“City) and
Murphy & Evertz LLP, a California limited liability partnership (“Firm”).
RECITALS
A. The City and Firm entered into that certain Engagement and Fee Agreement dated
as of 2/27/2024 for Special Eminent Domain Counsel in connection with acquisition of real
properties identified by the City from time to time (the “Original Agreement”). Except as otherwise
defined herein, all capitalized terms used herein shall have the meanings set forth for such terms
in the Original Agreement.
B. By Resolution No. _____ dated July 9, 2024, the City Council authorized the City
Attorney to retain the Firm to represent the City in connection with the condemnation of certain
easements necessary for the Murietta Creek Trail project.
C. The Original Agreement provided for compensation for services in an amount not
to exceed $30,000 which amount was increased to $50,000 by City Council Resolution No. ____.
D. The Firm has performed legal services pursuant to the Original Agreement and
Resolution No. ____ and City desires Firm to continue to provide legal services requested by City
which may include precondmenation planning, consultation and condemnation litigation, including
strategic and tactical advice, court appearances, discovery, pleadings and other representation
up to and including trial as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Firm agree as follows:
1. The last paragraph of Section 3, Fees and Expenses, of the Original Agreement is
deleted in its entirety. Except for this change, all other terms and conditions of the Original
Agreement shall remain in full force and effect and legal services will be provided by Firm to City
in accordance with the terms and conditions thereof.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
“CITY”
City of Lake Elsinore, a municipal
corporation
“FIRM”
Murphy & Evertz, LLP
City Manager
Date:
____________________________
Douglas J. Evertz
Date: ________________
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney